Response 661661945

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Approach to the guideline

1. Do you agree or disagree that that a principle-based approach to the guideline is the right approach?

Please select one item
Agree
Disagree

Applicability

2. Do you agree or disagree that the guideline should apply to people under the age of 25?

Please select one item
Agree
Disagree
Please provide any reasons for your answer:
Disagree that those under 25 should be spared custodial sentences, at that they are able to understand basic concepts of right and wrong

Applicability - Other age

3. If you disagree that the guideline should apply to people under the age of 25, at what age should the guideline cease to apply?

Please enter your response in whole numbers
18
Please provide any reasons for your answer:
They are legally an adult and should be held to same standards as others

Principles and purposes of sentencing a young person

4. Do you agree or disagree that the relationship between this guideline and the ‘Principles and purposes of sentencing’ guideline is set out clearly?

Please select one item
Agree
Disagree
Please provide any reasons for your answer:
Avoids issues of punishment,

5. Do you agree or disagree that paragraph 7 of the guideline gives enough information about the factors that should be taken into account when sentencing a young person?

Please select one item
Agree
Disagree
Please provide any reasons for your answer:
There are many people with difficulties or issues in their life who manage to live within the law and not impact upon others through crime,

6. If you do not agree that paragraph 7 of the guideline gives enough information about the factors that should be taken into account when sentencing a young person, what additional information should it provide?

Please provide any reasons for your answer, including any examples that you feel should be included:
Impact upon victims or communities blighted, any level of remorse shown,

7. Do you agree or disagree that rehabilitation should be given greater emphasis than other purposes of sentencing in this guideline?

Please select one item
Agree
Disagree
Please provide any reasons for your answer:
If there aren't consequences to crime then how can you become rehabilitated, prison is already a soft touch and not a deterrent so perhaps answer is to make prison more of a deterrent

8. Do you agree or disagree that rehabilitation should be a primary consideration when sentencing a young person?

Please select one item
Agree
Disagree
Please provide any reasons for your answer:
At what expense, as noted with no consequence there is no rehabilitation.

9. Which, if any, other purposes of sentencing should be emphasised in this guideline?

Please provide any other purposes and any reasons for your answer:
Punishment and protection of communities as opposed to saving money by releasing criminals or not jailing them in first instance

Assessment of seriousness

10. Is the section on the assessment of seriousness helpful?

Please select one item
Yes
No
Please give any reasons for your answer:
Doesn't mention seriousness of offence just more reasons to delay or avoid custody

Identifying the most appropriate sentence

11. Do you agree or disagree that paragraph 13 of the guideline identifies the information which is of most relevance to sentencing a young person?

Please select one item
Agree
Disagree
Please provide any reasons for your answer:
The crime and impacts should determine the sentence

12. Do you agree or disagree with paragraph 14 of the guideline stating that cases should be referred to a children’s hearing for advice where it is competent to do so?

Please select one item
Agree
Disagree
Please provide any reasons for your answer:
Only when it involves a child, under 18

13. Do you agree or disagree with the proposed features of an appropriate sentence for a young person set out at paragraph 15 of the guideline?

Please select one item
Agree
Disagree
Please provide any reasons for your answer:
Do community payback orders work, how many repeat offenders are put on these schemes

14. Do you agree or disagree that the approach set out in paragraphs 17 and 18 of the guideline is appropriate?

Please select one item
Agree
Disagree
Please provide any reasons for your answer:
Custodial should not be seen as last resort

15. Do you agree or disagree that judges should consider remitting each case to a children’s hearing for disposal, where it is competent to do so?

Please select one item
Agree
Disagree
Please provide any reasons for your answer:
Only when child involved

Potential impacts of the guideline

16. Do you think the guideline will influence sentencing practice in Scotland?

Please select one item
Yes
No
Please give any reasons for your answer:
Excuse for government to continue to empty prisons

17. Do you agree or disagree that the guideline will increase public understanding of how sentencing decisions in respect of young people are made?

Please select one item
Agree
Disagree
Please provide any reasons for your answer:
A victim of crime will struggle to understand how the criminals needs are put above the victims

18. Do you agree or disagree that the guideline will increase public confidence in the sentencing of young people?

Please select one item
Agree
Disagree

19. Do you agree or disagree with the assessment of the specific, identified impacts the guideline is expected to have?

Please select one item
Agree
Disagree
Please provide any reasons for your answer:
Be used to compound misery of communities and businesse

20. What benefits do you think will come from the introduction of this guideline, if any?

Criminals continue to operate with impunity

21. What costs (financial or otherwise) do you think will come from the introduction of this guideline, if any?

Save money

Respondent information

23. Are you responding as an individual or an organisation?

Please select one item
(Required)
Individual
Organisation

30. The Scottish Sentencing Council would like your permission to publish your consultation response. Please indicate your preference:

Please select one item
(Required)
Publish response with name
Publish response only (without name)
Do not publish response